Georgetown University Law Center

About: Georgetown University Law Center is a based out in . It is known for research contribution in the topics: Supreme court & Global health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.

Cross-country comparison of cigarette and vaping product marketing exposure and use: findings from 2016 ITC Four Country Smoking and Vaping Survey.

Abstract: Objective To compare exposure to and use of certain cigarette and vaping product marketing among adult smokers and vapers in four countries with contrasting regulations—Australia (AU), Canada, England and the USA. Data sources Adult smokers and vapers (n=12 294) from the 2016 International Tobacco Control (ITC) Four Country Smoking and Vaping Survey (4CV1). Analysis Self-reported exposure to cigarette and vaping product advertising through point-of-sale, websites/social media, emails/texts, as well as exposure to and use of price offers were assessed for country differences using logistic regression models adjusted for multiple covariates. Results Reported exposure to cigarette advertising exposure at point-of-sale was higher in the USA (52.1%) than in AU, Canada and England (10.5%–18.5%). Exposure to cigarette advertising on websites/social media and emails/texts was low overall (1.5%–10.4%). Reported exposure to vaping ads at point-of-sale was higher in England (49.3%) and USA (45.9%) than in Canada (32.5%), but vaping ad exposure on websites/social media in Canada (15.1%) was similar with England (18.4%) and the USA (12.1%). Exposure to vaping ads via emails/texts was low overall (3.1%–9.9%). Exposure to, and use of, cigarette price offers was highest in the USA (34.0 % and 17.8 %, respectively), but the use rate among those exposed was highest in AU (64.9%). Exposure to, and use of, price offers for vaping products was higher in the USA (42.3 % and 21.7 %) than in AU, Canada and England (25.9%–31.5 % and 7.4%–10.3 %). Conclusions Patterns of cigarette and vaping product marketing exposure generally reflected country-specific policies, except for online vaping ads. Implications for research and policy are discussed.

Middle East Respiratory Syndrome: A Global Health Challenge

Abstract: Beginning in May 2015, Middle-East respiratory syndrome (MERS) experienced its first publicly reported “super-spreading” event in South Korea. By mid-June, more than 120 cases and 11 deaths in South Korea had been linked to a businessman returning from travel to Bahrain, United Arab Emirates, the Kingdom of Saudi Arabia and Qatar. Globally more than 1200 had been infected of whom more than 450 died — a high fatality rate of 37%.What are the most effective legal, social, and public health responses to MERS and other emerging diseases? First, the World Health Organization’s International Health Regulations (IHR) did not effectively guide the MERS outbreak. The IHR, the governing framework for global health threats, should be amended to allow for graduated alert levels and building health system core capabilities.Second, MERS, like all emerging health threats requires a strategic and measured public health response, including government transparency, protection of health workers and robust infection prevention and control, humane isolation and quarantine measures, travel restrictions that adhere to WHO guidance, and school closures only when strictly necessary. Third, international rules and governance must effectively address the contentious history of “ownership” of MERS-CoV. There are glaring gaps in the international system for equitable virus sharing and assertion of intellectual property rights over biological materials and genetic viral sequences. Finally, we propose the development of robust health systems throughout the world to contain the spread of MERS-CoV — as well as the next infectious disease threat.

Community Lawyering: Revisiting the Old Neighborhood

Abstract: Lawyering for poor and subordinated clients has been the subject of significant re-examination over the past decade. Many commentators have provided a critique of traditional lawyering models and some of them have developed new patterns of "community lawyering." Too often, however, these new models incorporate many of the shortcomings of the traditional model. In particular, they often see the law as a significant part of the answer to the problems of poverty and subordination. While they speak in terms of client empowerment, they focus primarily on the relationship between a lawyer and a client (who is typically an individual). Even when they focus on the products of the lawyer-client relationship, the product tends to be the creation or enforcement of legal rights. This paper argues that a relational or rights based analysis of the lawyer's role is insufficient to address the real problems of poverty. It begins by reiterating a position that is widely held among progressive lawyers; that the struggle against subordination requires community organizing and collective action. It goes on to discuss the definition and nature of community and the role of a lawyer who seeks to represent "community" interests. Communities are not monolithic and incorporate many different, often competing, views. How should a lawyer distinguish between these views and choose clients so as to maintain a coherence in his or her practice? How should a lawyer relate to a group once a client is chosen? And most importantly, what role should a lawyer play in assisting a client to plan and implement strategies? The paper argues that these strategies often need to be political, not merely legal, and that community lawyers or, as the author has dubbed them, activist lawyers, must participate in building an integrated strategic plan and in its implementation.

Half-Truths: Protecting Mistaken Inferences by Investors and Others

Abstract: The concept of the "half-truth" -- the idea that the truth can be misleading if some important qualifier has been concealed -- has not been given much theoretical attention by either courts or commentators. Rather, the potentially misleading character of something that is by itself technically true is simply treated as a fact question. This paper is an effort to explain the half-truth doctrine, and show why courts apparently apply it more restrictively in securities cases than in common law fraud cases. The key insight comes from situating the half-truth roughly half way between the true misstatement and the failure to speak at all, and seeing the "normative" issue as one of what inferences a listener or reader should draw in light of background norms about how forthcoming the speaker is reasonably expected to be on a particular topic. The background norm in securities cases includes an ability to conceal (though not actively lie about) proprietary matters such as research and marketing initiatives. In this environment, in contrast to the settings in which many of the common law cases arise, a narrow use of the doctrine is appropriate. This leads to a theory of corporate discourse for fraud purposes that can be employed in other related subjects, such as the duty to update and the treatment of "general expressions of optimism."

Advancing the right to health through global organizations: The potential role of a Framework Convention on Global Health.

Abstract: Organizations, partnerships, and alliances form the building blocks of global governance. Global health organizations thus have the potential to play a formative role in determining the extent to which people are able to realize their right to health. This article examines how major global health organizations, such as WHO, the Global Fund to Fight AIDS, TB and Malaria, UNAIDS, and GAVI approach human rights concerns, including equality, accountability, and inclusive participation. We argue that organizational support for the right to health must transition from ad hoc and partial to permanent and comprehensive. Drawing on the literature and our knowledge of global health organizations, we offer good practices that point to ways in which such agencies can advance the right to health, covering nine areas: 1) participation and representation in governance processes; 2) leadership and organizational ethos; 3) internal policies; 4) norm-setting and promotion; 5) organizational leadership through advocacy and communication; 6) monitoring and accountability; 7) capacity building; 8) funding policies; and 9) partnerships and engagement. In each of these areas, we offer elements of a proposed Framework Convention on Global Health (FCGH), which would commit state parties to support these standards through their board membership and other interactions with these agencies. We also explain how the FCGH could incorporate these organizations into its overall financing framework, initiate a new forum where they collaborate with each other, as well as organizations in other regimes, to advance the right to health, and ensure sufficient funding for right to health capacity building. We urge major global health organizations to follow the leadership of the UN Secretary-General and UNAIDS to champion the FCGH. It is only through a rights-based approach, enshrined in a new Convention, that we can expect to achieve health for all in our lifetimes.